Which of the following best states the relationship between intent to kill, premeditation, and deliberation under the traditional common-law definition of first-degree murder?
Select one answer.
Premeditation requires at least several minutes of planning before the killing occurs.
An intent to kill formed even an instant before the fatal act can satisfy premeditation if the defendant had time, however brief, to reflect on the decision.
Premeditation is established only when the defendant procured the weapon or lured the victim to the scene well in advance of the homicide.
Deliberation exists whenever the defendant consciously desires the victim's death, even if the decision is made in the heat of passion.
Premeditation refers to the formation of a specific intent to kill before the act, and deliberation requires that the defendant reflect on that choice with a cool mind. Courts generally hold that the reflection can occur in a very short period-even an instant-so long as the decision is not the product of sudden passion. Therefore, a killing carried out moments after calmly deciding to kill is treated as premeditated and deliberate first-degree murder; a purely impulsive or heat-of-passion killing is not.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the difference between premeditation and deliberation in first-degree murder?
Open an interactive chat with Bash
Why doesn't a killing in the heat of passion qualify as premeditated and deliberate murder?
Open an interactive chat with Bash
How do courts determine if there was sufficient time for premeditation?
Open an interactive chat with Bash
Multistate Bar Examination
Criminal Law and Procedure
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .